BHARAT SANCHAR NIGAM LIMITED (A Govt. of India Enterprise)

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BHARAT SANCHAR NIGAM LIMITED (A Govt. of India Enterprise) Bid Document Tender for Erection of Aerial Optical Fibre Cable for Provision of FTTH & EB connections(ill,pri etc) and maintenance of Aerial OF cable connections in Thrissur BA Tender No.AGM EP/PLG/846/Tender for erection of Aerial Optical Fibre / TCR/ 2017-18 Dated 15/05/2017 Office of Principal General Manager Telecom Thrissur BA Signature of the Tenderer 1

Section Content TABLE OF CONTENTS Page No. TECHNICAL BID DOCUMENT 3-50 I Notice inviting Tender 3-5 II Bid Form 6 III Tenderer's Profile 7 IV Instructions to Bidders 8-14 IV A E- Tendering Instructions 15-19 V General (commercial) conditions of contract 20-29 VI Special conditions of contract 30-32 VII Scope of work and jurisdiction of contract 33-35 VIII Agreement 36-37 IX Certificate of no near relatives in BSNL 38 X Letter of authorization for attending bid opening 39 XI Performance Bank Guarantee 40-41 XII Mandate form for transfer of payments through 42 Electronic fund transfer scheme XIII Certificate for downloaded document from internet 43 XIV Letter to refund EMD and Pre Receipt 44-45 XV List of documents to be scanned and uploaded online 46-47 and to be submitted offline XVI Checklist/Requirements 48 XVII Vendor Master Form 49-50 FINANCIAL BID DOCUMENT 51-54 XVIII Standard Schedule of rates (Annexure A &B) 52-53 XIX Financial Bid 54 Signature of the Tenderer 2

SECTION I BHARAT SANCHAR NIGAM LIMITED (A Government of India Enterprises) Office of PGMT, BSNL, Thrissur Notice inviting tender NIT No. Tender No.AGM EP/PLG/846/Tender for erection of Aerial Optical Fibre / TCR/ 2017-18 Dated 15/05/2017 On line Tenders on 2 bid system are invited for and on behalf of Chairman and Managing Director, Bharat Sanchar Nigam Limited by the Principal General Manager, Telecom, BSNL, Thrissur from the eligible experienced contractors for erecting aerial OF cable for providing FTTH (Fibre To The Home) connections (approximately 2000 connections) and maintenance of FTTH connections (approx 1700 connections ) in two zones of Thrissur BA I Name of work Erection of Aerial Optical Fibre Cable for provision of FTTH & EB connections(ill,pri etc) and maintenance of aerial OF cable connections in two zones of Thrissur BA II Period of contract III Availability of tender document One year from the date of agreement which can be extended further for a period of one year The tender document can be downloaded from www.keralatelecom.com from 29.05.201710:00 hrs to 19.06.2017 14:30 hrs. Up to 14.30 Hrs. on 19.06.2017 IV Time and last date of submission of Bid V Time & date of 15.00 Hrs on 19.06.2017. Tender Opening VI Area of contract Two zones Zone 1-Vadakkanchery, Kunnamkulam, Guruvayur, DE Phones I, Kandassankadavu Divisions Zone II- Chalakkudy,Irinjalakkuda,Kodungallur,Ollur, DE Phnes II Divisions VII No. of contractors VIII Estimated cost of work IX Cost of Bid document Rs.525/- for each zone X EMD (Bid security ) Rs.60000/- for each zone Maximum two contractors will be empanelled at L1 rate for each zone Rs.3000000/- for each zone Bids for each Zone shall be submitted separately.eligible Contractors can submit bids for all the two zones. All the conditions applicable for the bids shall apply separately for each Zone and for all practical purposes it shall be deemed that two separate tenders have been invited, each covering only ONE Zone. Separate tender document is to be submitted for each Zone. 1. Note: In case the last date of submission /opening of bid is declared to be a holiday, last date of submission / opening of bid will get shifted automatically to next working day at the Signature of the Tenderer 3

same scheduled time. Any change in bid submission/ opening date due to any other unavoidable reasons will be notified through the BSNL web site and/or e-tender Portal and/or newspapers 2. The Tender document can be downloaded from the website: www.tenderwizard.com/bsnl and to be submitted in e-format. Cost of Tender Document and Earnest Money Deposit (EMD) should be paid in the form of crossed DD issued by Nationalised / Scheduled Bank in favour of The Accounts Officer (Cash), O/o The PGMT, BSNL, Sanchar Bhavan, TUDA Road, Kovilakathumpadam Thrissur 680022 payable at Thrissur. 3. The scanned copies of the Payment receipt towards EMD/BID security, Cost of bid document have to be uploaded in the e-tender Portal of M/s ITI. Those who are having valid NSIC are exempted from payment of EMD/cost of tender form. 4. Intending bidders are requested to register themselves with M/s. ITI Limited through the website www.tenderwizard.com/bsnl for obtaining user-id, Digital Signature etc., by paying Vendor registration fee and processing fee for participating in the above mentioned tender. 5. BSNL has decided to use the process of e-tendering for inviting this tender and thus the physical copy of the tender would not be sold. Bidders may note that the tender document can be downloaded from the website www.tenderwizard.com/bsnl or following the "Tenders" link of the website www.keralatelecom.com from 29-05-2017 6. The bidders shall furnish a declaration that no addition / deletion / corrections have been made in the downloaded tender document being submitted and it is identical to the tender document appearing on Web-site (www.tenderwizard.com/bsnl) as per SectionXIII. 7. In case of any correction/ addition/ alteration/omission is found in the tender document the tender bid shall be treated as non-responsive and shall be rejected. 8. The documents as listed out in Section XV should be uploaded in the E-Tender Portal. 9. BSNL has adopted e-tendering process which offers a unique facility for, Public Online Tender Opening Event (TOE), BSNL s Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices. However, if required, bidders or their authorized representatives can attend the Tender Opening Event at the Office of AGM(Plg), 3 rd Floor, BSNL Sanchar Bhavan, Kovilakathumpadam, Thrissur - 680022 where BSNL s Tender Opening Officers would be conducting Public Online Tender Opening Event (TOE). 10. Incomplete, ambiguous, Conditional tender bids are liable to be rejected. 11. Amendments, if any, to the tender document will be notified in the above website as and when such amendments are notified. It is the responsibility of the bidders who have downloaded the tender document from the website to keep themselves abreast of such amendments before submitting the tender document. BSNL reserves the right to reject any or all tenders without assigning any reason what so ever. BSNL reserves the right to award an additional work of 25% of total work mentioned in the tender. BSNL reserves the right to award any route to any contractor according Signature of the Tenderer 4

to the priority of work. If any contractor fails to complete the work awarded within the stipulated time, BSNL reserves the right to award the work to other approved contractor, at the approved rate, based on performance. The rate quoted should be inclusive of all Taxes and levies except Service Tax and e cess and GST. The contractor should intimate Central Service Tax registration details in case he is a service tax payer as per rules and also GST Registration details if available. The tender, which is not accompanied by the requisite EMD and cost of tender form, shall be summarily rejected. For further details visit our website www.keralatelecom.com Sd/- Assistant General Manager (PLG) O/oPGMT, BSNL, Thrissur -680 022 Tele. No.0487-2222119 Signature of the Tenderer 5

SECTION II BID FORM Tender No: AGM EP/PLG/846/Tender for erection of Aerial Optical Fibre / TCR/ 2017-18 Dated 15/05/2017 To The Principal General Manager Telecom BSNL Thrissur Dear Sir, Having examined the conditions of contract and specification including addenda No.. the receipt of which is hereby duly acknowledged, we, undersigned, offer to execute the erection of aerial Optical Fibre for FTTH and EB connections(ill,pri etc) and maintenance of Aerial OF connections in Thrissur BA in conformity with said drawings, conditions of contract and specification as may be ascertained in accordance with the schedule of prices attached herewith and made part of this Bid. We undertake, if our Bid is accepted, we will execute the work in accordance with specifications, time limits & terms and conditions stipulated in the tender document. If our Bid is accepted, we shall submit the securities as per the conditions mentioned in the contract. We agree to abide by the Bid for a period of 180 days from the date fixed for Bid opening and it shall remain binding upon us and may be accepted at any time before the expiry of the period Until a format Agreement is prepared and executed this Bid together with your written acceptance thereof in your notification of award shall constitute a binding contract between us. Bid submitted by us is properly sealed and prepared so as to prevent any subsequent alteration and replacement. Dated this-------------day of ---------------------- Signature of Authorised Signatory.. In capacity of..... Duly authorised to sign the bid for and behalf of Witness: Signature : Address : Signature of the Tenderer 6

SECTION III TENDERERS PROFILE 1. Name of the tenderer / firm... 2. Name of the person submitting the tender Passport size photograph of the Tenderer/Authorized signatory holding power of Attorney (In case of Proprietary / Partnership firms, the tender has to be signed by Proprietor / Partner only, as the case may be) 3. Address of the firm............ 4. i) Telephone No. (With STD code) Office : Residence: Mobile: ii) Fax No. : iii) E-Mail address : 5. Registration & incorporation particulars of the firm: i) Proprietorship ii) Partnership iii) Private Limited iv) Public Limited (Please attach attested copies of documents of registration / incorporation of your firm with the competent authority as required by business law) 6. Name of Proprietor/Partner/Directors : 7. PAN No. : 8. Service Tax Registration No. : 9. EPF Registration No.(if applicable) : 10. In case of NSIC, proof regarding current registration and undertaking: 11. GST Registration No. if available : Place: I/We hereby declare that the information furnished above is true and correct. Seal of the Tenderer Name of the tenderer Signature of the Tenderer 7

SECTION-IV INSTRUCTIONS TO BIDDERS INTRODUCTION: 4.1 The tenderer must read carefully all the terms, conditions and specifications before filling up the Tender Schedule and his Quotation. Tenderers are requested to get well versed with the tender conditions/ guidelines written hereunder. 4.2 Time along with quality of work is the essence of this contract. SITE INVESTIGATION BY THE TENDERER: 4.3 It is assumed that these inferences are made after local inquiries regarding the above said matters and also the probable and possible stipulations, delays, risk contingent upon the nature of sub surface conditions, hindrances or interference to or with the execution and completion of works as per tender conditions and has arrived at his own estimate in respect of the rate quoted. 4.4 It is also assumed that the Tenderer has also taken into consideration all possible contingencies and likely problems and allied matters, incidental thereto and ancillary thereof affecting the execution and completion of work. Any of the excuses at a later stage about his unawareness about the above mentioned conditions after the approval of tender will not be considered. Any failure by the Tenderer in estimating the difficulty or cost properly shall not relieve him of the responsibility of completing or satisfactorily performing the work. 4.5 It may be noted that the estimated cost is only a rough assessment by the BSNL and the BSNL does not link itself to its full correctness and neither the BSNL can be held accountable for any variations, if any found actually. The tenderers are required to make their own detailed assessment and shall quote accordingly. SIMULTANEOUS WORK IN DIFFERENT SECTIONS 4.6 Work in each route (or part thereof, if awarded so), will be treated as a separate work covered by this contract. However, if the tenderer is awarded work simultaneously in more than one route, the tenderer should have enough capacity and resources to carry out the work simultaneously in all the routes awarded to him. 4.7 Tenderers who are confident of ensuring the progress of the work in the time stipulated in NIT, by employing the required resources, men and materials may only participate in this tender offer. The attention of the Tenderer is specifically drawn to the conditions regarding realization of Compensation for delay and slow progress, which may be strictly enforced by the Divisional Engineer as stipulated in the relevant clauses. 4.8 It is to be specifically noted that, the BSNL wants the work to be done simultaneously in as many routes as possible, so that the project can be completed in the shortest possible time. Keeping the interest of the BSNL in mind, the competent authority has full discretion to award the entire work or part of the work in any route to one or more Tenderers, or to carry out the work by BSNL itself or through any other agency by inviting tender/ quotations or by nominations from other reputed and experienced Contractors or by any other means. Signature of the Tenderer 8

ELIGIBILITY OF BIDDERS: 4.9 The Invitation of bids is open to all as per their eligibility mentioned in NIT of this tender document. THE BID DOCUMENTS: 4.10 The construction work to be carried out, goods required, bidding procedures and contract terms are prescribed in the Bid Documents. The Bid Documents are included in Table of contents: 4.11 The Bidder is expected to examine all instructions, forms, terms and specifications in the bid documents. Failure to furnish all information required as per the Bid Documents or submission of bids not substantially responsive to the Bid Documents in every respect will be at the bidder s risk and shall result in rejection of the bid. 4.12 A prospective bidder, requiring any clarification of the Bid Documents shall notify BSNL in writing or by fax or at BSNL s mailing address indicated in the invitation for Bids. BSNL shall respond in writing to any request for clarification of the Bid Documents, which it receives not later than 7 days prior to the date for the opening of the bids. Copies of the query (without identifying the source) and the clarifications by BSNL shall be notified in the web site www.kerala.bsnl.co.in and all such clarification issued by BSNL will form part of the bid document. 4.13 At any time, prior to the date for submission of bids, BSNL may, for any reason whether suo motto or in response to a clarification requested by a prospective Bidder, modify the Bid Documents by amendments. 4.14 The amendments shall be notified in our web site www.kerala.bsnl.co.in and these amendments will be binding on them. 4.15 In order to afford prospective bidders reasonable time to take the amendments into account in preparing their bids, BSNL may, at its discretion, extend the deadline for the submission / opening of bids suitably. 4.16 The bidder shall bear all costs associated with the preparation and submission of the bid. BSNL, will in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process. DOCUMENTS ESTABLISHING BIDDER S ELIGIBILITY AND QUALIFICATIONS: 4.17 The bidder shall furnish, as part of his bid documents establishing the bidder s eligibility, the following documents: 1. Bid Security in accordance to Clause 4.18 to 4.23 2. Tender documents (s) in original, duly filled in and signed by tenderer or his authorized representative on each page. All corrections and overwriting must be initialed with date by the tenderer or his authorized representative. 3. Copy of PAN card (Income Tax card) 4. Copy of Service Tax Registration 5 Copy of valid EPF & ESI registration certificate. (if applicable) 6License from the Central Labour Commissioner if the number of workers under him is 20 or more. 7.The registration of the firm. Authenticated copy of partnership deed in cases of Signature of the Tenderer 9

partnership firm. 8. Bid Form, duly filled in as per Section II. 9. Tenderer's profile, duly filled in as per Section III of the tender document. 10. The original Power of Attorney in case person other than the tenderer has signed the tender documents. 11. List of qualified experienced personnel, who are working for the tenderer, who will be deployed for the work. 12. In case of NSIC, proof regarding current registration and undertaking 13. Experience certificate BID SECURITY: 4.18 The bidder shall furnish, as part of his bid, a bid security (EMD) as specified in the NIT. No interest shall be paid by BSNL on the bid security for any period, what so ever. 4.19 The bid security is required to protect BSNL against the risk of bidders conduct, which would warrant the security s forfeiture, pursuant to Clause 4.24 to 4.27. 4.20 Bid Security shall be paid in the form of Crossed Demand Draft issued by a Nationalized/Scheduled bank, drawn for the amount or in the form of Cash payable at AO Cash, O/o PGMT, BSNL, Thrissur or in the manner indicated in the NIT/ Section I of the Tender Document. Bid security can also be paid as cash to AO (cash), O/o the PGMT, BSNL, Thrissur. 4.21 A bid not secured in accordance with Clause 4.18 to 4.20 or valid SSI Regn. Certificate with NSIC, shall be rejected by BSNL as non responsive. 4.22 The bid security of the unsuccessful bidder will be refunded as promptly as possible, but not later than 30 days after the expiry of the period of bid validity prescribed by BSNL. 4.23 The successful bidder s bid security will compulsorily be converted to form part of performance security deposit in accordance with the relevant Clause. 4.24 The bid security shall be forfeited and the Acceptance of the Tender shall be reconsidered and revoked under the following conditions. The Tenderer may be debarred from participating in similar tenders called for by the BA for a period of Three months from the date of issue of the order for revocation; 4.25 If a bidder withdraws his bid during the period of bid validity specified in the bid document or 4.26 If the bidder makes any modifications in the terms and conditions of the tender before acceptance of the tender, which are not acceptable to BSNL or 4.27 In case of successful bidder, if the bidder fails: i) To sign the agreement in accordance with the relevant clause, or ii) To furnish Performance Security in accordance with relevant clause. 4.28 Prices shall be quoted by the bidder in % of basic rate, both in words and figures in the financial bid of the document only. Prices quoted at any other place shall not be considered. 4.29 The price quoted by the bidder shall remain fixed during the entire period of contract and shall not be subjected to variation on any account. A bid submitted Signature of the Tenderer 10

with an adjustable price quotation will be treated as non-responsive and rejected. 4.30 Bid shall remain valid for 180 days from date of opening of the bid. 4.31 The rates quoted in the bid shall be firm and valid for any other work order for extension of the same route or modification of the route or branching in case of spur routes that may be issued within the above period and remain so until the completion of the work assigned under such a work order. 4.32 The bidder shall submit, as a part of his bid, the bid documents (In original) duly signed on each and every page, establishing the conformity of his bid to the bid documents of all the works to be executed by the bidder under the contract. 4.33 The bid shall contain no Inter-lineation, erasures or overwriting except as necessary to correct errors made by the bidder in which case such corrections shall be signed with date by the person or persons signing the bid. 4.34 Tenders shall be submitted to the Assistant General Manager ( Planning) in the prescribed forms placed in cover super scribed Tender for Erection of Aerial Optical Fibre Cable for Provision of FTTH & EB connections(ill,pri etc) and maintenance of Aerial OF connections in Thrissur BA The full name and addresses of the Tenderer shall be written on the bottom left hand side corner of the sealed cover. 4.35 Tenders received in covers not sealed (with sealing wax/packing PVC Tape) will not be opened or considered. Closing the cover by gum will not be treated as sealed cover. The outer cover shall bear the seal of the Tenderer with sealing wax properly fixed on the cover. The tenders which are not submitted in above mentioned manner shall be summarily rejected. 4.36 The tenderer will be bound by all terms, conditions & specifications as detailed in the tender documents. 4.37 Any tender with conditions other than those specified in the tender document is liable to be summarily rejected. No modification by the contractor in any of the conditions will be permitted after the tender is opened. 4.38 Tenders should be dropped in person in the tender box placed in the office of Assistant General Manager ( planning), specified in NIT/Section I of the Bid Document, before the closing (Date & Time) of tender, as mentioned in NIT. The tenderer has to ensure the correct address if sent by Post. 4.39 BSNL shall not be held responsible for delivery of bid to the wrong address. The slit of the tender box will be sealed immediately after the specified time for receipt of tender. Any tender presented in person after the sealing of box will not be received by (the tendering authority) or by any of the subordinates or will not be allowed to be deposited in the tender box. 4.40 Postponement of Tender opening: If the date of opening of bids is declared as holiday, the bids will be opened on the next working date at the same time and venue. Signature of the Tenderer 11

4.41 The bidder may modify or withdraw his bid after submission and before opening provided that the information is deposited by the bidder in a properly sealed envelope (with Wax/Packing PVC tape) in the tender box, before the scheduled time & date for closing of tender. 4.42 BSNL shall open the bids in the presence of bidders or his authorized representatives who choose to attend, at the time indicated in the NIT / Section I, on due date. The bidder s representatives, who are present, shall sign an attendance register. The bidder shall submit authority letter to this effect before they are allowed to participate in the bid opening (A format is given Section X). 4.43 A maximum of one representative for any bidder shall be authorized and permitted to attend the bid opening. 4.44 The bidders who have submitted proper bid security as per tender document shall be opened and papers / documents submitted by the bidder shall be examined and recorded by the bid opening committee. After opening the bid, all the documents contained therein shall be serially numbered and signed by the bid opening committee members. The bids for which the bid security is submitted as per NIT, their bid offer shall be read out and recorded by the bid opening committee. Technical Bid will be opened both online and offline in the presence of Bidders present on the due date of opening mentioned in notice inviting tender. The Time, Date and Venue of the opening of FINANCIAL BIDS will be intimated only to those Bidders, whose Technical Bid is accepted after evaluation of details and documents furnished as per Section XV No correspondence in this regard will be entertained. Incomplete tender is liable to be rejected. Financial Bid of the selected bidders only will be opened. 4.45 In case there is discrepancy in figures and words in the quote, the same shall be announced in the bid opening, but the quote in words shall prevail. 4.46 A substantially responsive bid is one which conforms to all the terms and conditions of the bid documents without deviations. BSNL s determination of bid s responsiveness is to be based on the contents of the bid documents without deviations. BSNL s determination of bid s responsiveness is to be based on the contents of the bid itself without recourse to extrinsic evidence. 4.47 A bid, determined as substantially non responsive will be rejected by BSNL and shall not subsequent to the bid opening be made responsive by the bidder by correction of the non-conformity. 4.48 The evaluation and comparison of responsive bids shall be on the rates offered and indicated in financial bid of the bid documents. 1. 4.49 (i) BSNL shall consider award of contract only to those eligible bidders whose offers have been found technically, commercially and financially acceptable.the Corporation shall consider award of contract only to those eligible bidders (two in each zone) whose offers have been found technically, commercially and financially acceptable. The work will be distributed between L1 & L2 in the ratio of 60%, 40% at L1 rate Signature of the Tenderer 12

(ii) If there is no bidder for any zone, PGMT, BSNL,Thrissur reserves the right to award the contract to L1/ L2 tenderer of the quoted zone to the other zone also. 4.50 BSNL, at the time of award under the contract, reserves the right to decrease or increase the work by up to 25% of the total quantum of work specified in the schedule of requirements without any change in the rates or other terms and conditions. 4.51 BSNL reserves the right to accept or reject any bid and to annul the bidding process and reject all bids, at any time prior to award of contract without assigning any reason what so ever and without thereby incurring any liability to the affected bidder or bidders on the grounds for BSNL s action. 4.52 The issue of letter of intent shall constitute the intention of BSNL to enter in to the contract with the bidder. Letter of intent will be issued as offer to the successful bidder. 4.53 The bidder shall within 10 days of issue of letter of intent, give his acceptance along with i) Security Deposit for the amount indicated in the LOI, in conformity with Clause 5.5 of Section - V ii) Copy of Registration / license from appropriate labour authority. iii) Copy of Registration certificate for EPF and ESI (if applicable) iv) Copy of Service Tax Registration certificate 4.54 The signing of agreement shall constitute the award of contract to the bidder. The agreement with the successful bidder shall be signed by BSNL with in a week of submission of performance security. 4.55 As soon as the tender is approved by the competent authority, the EMD deposited by the successful bidder shall be compulsorily converted in to the security deposit, which will be held by BSNL till the completion of warranty period. 4.56 Failure of the successful bidder to comply with the requirement of relevant clause(s) shall constitute sufficient ground for the annulment of the award and forfeiture of the bid security, in which event; BSNL may make the award to any other bidder at the discretion of BSNL or call for new bids. 4.57 The tender is valid for one year from the date of agreement. It can be extended further for a period of one year as per the decision of Principal General Manager, BSNL, Thrissur under same rate, terms and conditions. Signature of the Tenderer 13

SUBMISSION OF BIDS - METHOD OF PREPARATION OF BID : 4.58 The bidder shall fill in the tender document in all respects, sign on all pages along with seal of the firm if any and upload scanned documents of the same in e- Tender Portal. I. CONTENTS OF THE BID The bid contains two parts Part A: The First part relates to uploading of scanned documents required for Technical Bid in the appropriate place of the e-tender Portal. Part B: The Second part relates to uploading of Financial Bid containing the Price schedule in excel format filled carefully in the appropriate place of the e-tender Portal. The bidder shall prepare one complete set of the bid and submit at the Office of Assistant General Manager ( Planning), O/o PGMT, BSNL Thrissur. Bid for each tender should be submitted in three envelops placed inside a main cover. These envelopes should contain the following: Envelope Marked with Contents of Envelope First Bid Security Containing Bid security and cost of Bid form as per Section.I Second Qualifying Bid Containing documents as per section 4.17 and Section XV except Bid security Third Financial Bid Rates duly quoted by the tenderer in the prescribed format On all these envelopes the name of the firm and whether Bid Security OR Qualifying OR Financial bid must be clearly mentioned and should be properly sealed (with sealing wax/packing PVC tape). These envelopes are to be placed inside an outer envelope and properly sealed (with sealing wax/packing PVC tape). The tenders which are not submitted in above mentioned manner shall be summarily rejected. Tenders shall be submitted to the Assistant General Manager( Planning) in the prescribed forms as per clause 4.34 placed in double sealed covers superscribed Tender for Erection of Aerial Optical Fibre Cable for Provision of FTTH & EB connections(ill,pri etc) and maintenance of Aerial OF cable connections in Thrissur BA- Zone no. The full name and addresses of the Tenderer shall be written on the bottom left hand side corner of the sealed cover. The address given merely as a post box number shall not be entertained. Signature of the Tenderer 14

Section IV-A E-tendering Instructions to Bidders Note :-The instructions given below are ITI s e-tender portal centric and for e- tenders invited by AGM(PLG), O/o.PGMT, BSNL, Thrissur only. General These Special Instructions (for e-tendering) supplement Instruction to Bidders, as enclosed in Sec IV of the Tender Documents. Submission of Bids only through online process is mandatory for this Tender. For conducting electronic tendering, BSNL, Thrissur, is using the portal (https://www.tenderwizard.com/bsnl) of M/s ITI a Government of India Undertaking. 1. Tender Bidding Methodology: Sealed Bid System Two Stage Using Two Envelopes, Financial & Techno-commercial bids shall be submitted by the bidder at the same time. 2. Broad outline of activities from Bidders prospective: 1. Procure a Digital Signing Certificate (DSC) 2. Register on Electronic Tendering System (ETS) 3. Create Users and assign roles on ETS 4. View Notice Inviting Tender (NIT) on ETS 5. Download Official Copy of Tender Documents from ETS 6. Clarification to Tender Documents on ETS Query to BSNL (Optional) View response to queries posted by BSNL, as addenda. 7. Bid-Submission on ETS 8. Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial Part 9. View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNL s Post-TOE queries 10. Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part (Only for Technical Responsive Bidders) For participating in this tender online, the following instructions need to be read carefully. These instructions are supplemented with more detailed Signature of the Tenderer 15

guidelines on the relevant screens of the ETS. 3. Digital Certificates For integrity of data and its authenticity/ non-repudiation of electronic records, and be compliant with IT Act 2000, it is necessary for each user to have a Digital Certificate (DC). also referred to as Digital Signature Certificate (DSC), of Class 3 or above, issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer http://www.cca.gov.in]. 4. Registration Tender document can be downloaded from the website: www.tenderwizard.com/bsnl and to be submitted in the e-format as well as by post/courier/by hand. Cost of Tender Document & and Bid Security (in the form of DD), Power of Attorney in original along with the hard copies of all documents which are uploaded in the e tender portal to be submitted to AGM (PLG ), O/o. PGMT, BSNL, Thrissur before the scheduled date and time of submission of the tender otherwise the Bid will not be considered. Amendments, if any, to the tender document will be notified in the above website as and when such amendments are notified. It is the responsibility of the bidders who have downloaded the tender document from the website to keep themselves abreast of such amendments before submitting the tender document. Intending bidders are requested to register themselves with M/s. ITI through www.tenderwizard.com/bsnl for obtaining user-id, Digital Signature etc., by paying Vendor registration fee. Tender processing fee payment should be done during requisition of tender on line. BSNL has decided to use process of e-tendering for inviting this tender and thus the physical copy of the tender would not be sold. Note: After successful submission of Registration details and Vendor registration fee and processing fee ( as applicable). please contact ITI Helpdesk (as given below), to get your registration accepted/activated. Signature of the Tenderer 16

5.ITI Helpdesk Telephone/Mobile Nos. E-mail ID Mr Dhanraj Prakash 09686115308, e-mail : dhanraj.prakash@gmail.com Mr Praveen 09745437834 e.mail :gatty24@gmail.com [between 9:30 hrs to 18:00 hrs on working days] bsnltwhelpdesk@gmail.com BSNL Contact-1 BSNL s Contact Person AGM.(PLG),O/o PGMT,BSNL,Thrissur-22 Telephone/ Mobile 0487-2222119 [between 9:30 hrs to 17:00 hrs on working days] E-mail ID agmplgtcr@gmail.com BSNL Contact-2 BSNL s Contact Person SDE(PLG),O/o PGMT,BSNL,Thrissur-22 Telephone/ Mobile 0487-2222114 [between 9:30 hrs to 17:00 hrs on working days] E-mail ID sdecatcr@gmail.com 6.Some Bidding related Information for this Tender (Sealed Bid) The entire bid-submission would be online on ETS. Broad outline of submissions are as follows: The documents should be uploaded as follows During Request stage of uploading,upload the following documents only. 1. DD for Tender Fee as per NIT (Scanned copy on etendering Portal and Physically to Tender Inviting Officer in case of e-tender). 2. DD /Receipt for EMD as per NIT(Scanned copy on etendering Portal and Physically to Tender Inviting Officer in case of e-tender). 3. Valid PAN No. 4. Valid Sales/ Service Tax Registration Certificate/TIN No or exemption certificate No 5. Power of Attorney as per clause 10 of Section-IV, 4.17. (Scanned copy on etendering Portal and original to be submitted to Tender Inviting Officer in case of e-tender) 6. Copy of Certificate of Incorporation. 7. Article of Memorandum of Association or Partnership deed or Signature of the Tenderer 17

Proprietorship deed as per clause 4.17( 7) of Section-IV. During submission stage, upload the remaining documents alone. 7.Offline Submissions: The bidder is requested to submit the all documents offline to AGM (PLG),O/o PGMT, BSNL,Thrissur as per clause 4.58 of Section IV 8.Special Note on Security of Bids Security related functionality has been rigorously implemented in ETS in a multidimensional manner. Starting with 'Acceptance of Registration by the Service Provider', provision for security has been made at various stages in Electronic Tender's software. Specifically for Bid Submission, some security related aspects are outlined below: As part of the Electronic Encrypter functionality, the contents of both the Electronic Forms and the Main-Bid are securely encrypted using a Pass-phrase created by the server itself. The Pass-phrase is more difficult to break. This method of bid-encryption does not have the security and data-integrity related vulnerabilities which are inherent in e-tendering systems which use Public- Key of the specified officer of a Buyer organization for bid-encryption. Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE), even if there is connivance between the concerned tenderopening officers of the Buyer organization and the personnel of e-tendering service provider. 9.Public Online Tender Opening Event (TOE) ETS offers a unique facility for Public Online Tender Opening Event (TOE). Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices. For this purpose, representatives of bidders (i.e. Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet. Every legal requirement for a transparent and secure Public Online Tender Opening Event (TOE) has been implemented on ETS. As soon as a Bid is decrypted with the corresponding Pass-Phrase as submitted online by the bidder himself (during the TOE itself), salient points of the Bids are simultaneously made available for downloading by all participating bidders. The work of taking notes during a manual Tender Opening Event is therefore replaced with this superior and convenient form of Public Online Tender Opening Event (TOE). ETS has a unique facility of Online Comparison Chart which is dynamically updated as each online bid is opened. The format of the chart is based on inputs provided by the Buyer for each Tender. The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms. A detailed Technical and/ or Financial Comparison Chart enhances Transparency. Detailed instructions are given on relevant screens. Signature of the Tenderer 18

ETS has a unique facility of a detailed report titled Minutes of Online Tender Opening Event (TOE) covering all important activities of Online Tender Opening Event (TOE). This is available to all participating bidders for Viewing/ Downloading. There are many more facilities and features on ETS. For a particular tender, the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer. 10.Other Instructions For further instructions, the vendor should visit the home -page of the portal (https://www.tenderwizard.com/bsnl). Important Note: It is strongly recommended that all authorized users of Supplier organizations should thoroughly peruse the information provided under the relevant links, and take appropriate action. This will prevent hiccups, and minimize teething problems during the use of ETS. The following FOUR KEY INSTRUCTIONS for BIDDERS must be assiduously adhered to: Obtain individual Digital Signing Certificate (DSC or DC) well in advance of your first tender submission deadline on ETS Register your organization on ETS well in advance of your first tender submission deadline on ETS Get your organization s concerned executives trained on ETS well in advance of your first tender submission deadline on ETS Submit your bids well in advance of tender submission deadline on ETS (There could be last minute problems due to internet timeout, breakdown, etc While the first three instructions mentioned above are especially relevant to first-time users of ETS, the fourth instruction is relevant at all times. 11.Minimum Requirements at Bidders end Computer System with good configuration (Min P IV, 1 GB RAM, Windows XP) Broadband connectivity. Microsoft Internet Explorer 6.0 or above Digital Certificate(s) 12.Vendors Training Program Vendors may contact the ITI Helpdesk personnel given in Section IV A,for any type of training/help, which they may require while uploading the bids. Signature of the Tenderer 19

APPLICATION: SECTION V GENERAL (COMMERCIAL) CONDITIONS OF THE CONTRACT 5.1 The General condition shall apply in contracts made by BSNL for the execution of Aerial optical fibre laying including supply, erection and testing for FTTH connection. 5.2 Prices charged by the contractor for the works performed under the Contract shall not be higher from the prices quoted by the contractor in his Bid. 5.3 Price once fixed will remain valid for the period of contract. Increase and decrease of taxes/duties will not affect the price during this period. 5.4 The contractor shall not assign, sub contract or subject the whole or any part of the works covered by the contract, under any circumstances. 5.5 The contractor whose tender has been accepted shall deposit an additional sum, at the time of executing the Contract Agreement, which along with the EMD submitted with the tender, will make the security deposit equal to 7% (Seven percent) of the estimated cost or accepted tender cost whichever is higher. 5.6 The proceeds of the security deposit shall be payable to BSNL as compensation for any loss resulting from the contractor s failure to complete its obligations under the contract. 5.7 The security deposit shall be refunded after expiry of warranty period of last work executed provided there are no recoveries to be made arising out of poor quality of work, incomplete work and/or violation of any terms and conditions of the contract as stipulated in the bid document. 5.8 No interest will be paid to the contractor on the security deposit. 5.9 The work order shall be issued so as to include all items of works. 5.10 The work orders shall be issued by the Divisional Engineer FTTH/OF Installation after examining the technical and planning details of the works to be executed. 5.11 If due to any reason partial work order is to be issued then the same shall be issued with the approval of an officer not below the rank of Deputy General Manager. 5.12 The Divisional Engineer FTTH/OF Installation shall mention the time limit to execute the work order after seeing the quantum of work and store availability position. 5.13 BSNL reserves the right to cancel or modify the scope of work stipulated to be carried out against the work order in the event of change of plan necessitated on account of technical reasons or in the opinion of work order issuing authority or the PGMT, Thrissur, the contractor is not executing the work at the required space. 5.14 The time allowed for carrying out the work as entered in the tender shall be strictly observed by the Contractor and shall be reckoned from the THIRD DAY after the date on which the work order is issued to the contractor or from the actual date of commencement of work whichever is earlier for new connections and on the same day for the fault rectification work from the date of issue of work order by the unit officer of the BA and completed within the stipulated time given in the work order. 5.15 If the contractor fails to start the work by the due date (THIRD DAY), after the issue of work order, (or) does not maintain the progress as mentioned above, the contract is liable to be terminated by BSNL without waiting for completion of the whole time Signature of the Tenderer 20

allowed as Time is the essence of the contract, and BSNL desires no time overrun in completion of the project. 5.16 In each work order, the work order issuing authority shall specify the time allowed for completion of work consistent with the magnitude and urgency of work. The time allowed for carrying out the work is to be strictly observed by the contractor and shall be reckoned from third day from the date of issue of the work order, or an earlier date if work is urgently required, and indicated in the work order. 5.17 In as much as the time being deemed to be the essence of contract, throughout the stipulated period of contract, the work is to be proceeded with all due diligence on the part of the contractor. 5.18 There may be some hindrances, other than covered under force majeure, while execution of work and in such cases the contractor shall apply in writing. The Competent Authority is empowered to grant extension of time for completion of work on certain conditions. He shall exercise such powers, if the following conditions are satisfied. 5.19 The Application contains the ground(s), which hindered the contractor in execution of work. 5.20 The Engineer-in-charge is of the opinion that the grounds shown for extension of time are reasonable. 5.21 The competent authority shall consider the request keeping all the facts and circumstances in view and shall grant extension of time, if in his opinion, there are reasonable and sufficient grounds for granting such extension and the reasons for delay are not attributable to the contractor. 5.22 The Competent Authority may also grant extension of time for completion of work in cases where reasons for delay are ascribable to the contractor, but such extension of time shall be with LD Charges dealing with penalty for delays in execution of works. The extension of time with LD Charges shall be issued under the signature of JAG level Telecom Officer (DGM level) competent to grant the extension of time. 5.23 If the competent authority is of the opinion that the grounds shown by the contractors are not reasonable and sufficient and declines to grant the extension of time, the contractor cannot challenge the soundness of the opinion by reference to arbitration. The decision of the competent authority on period of extension of time or refusal for extension of time shall be final and binding on the contractor. 5.24 There are, at times, practical difficulties like non-availability of materials etc, reasons of which are ascribable to BSNL. In such cases, the Engineer-In-Charge with the approval of competent Authority to sanction EOT may issue extension of time suo moto without waiting for contractor to make an application for EOT. Entry of hindrances shall be made in the Hindrance Register. The BSNL will, however, not be liable to the contractor for any losses or damages, costs, charges, or expenses that the contractor may in any way sustain/suffer due to delay in making the above available. 5.25 The work shall be deemed to have been completed only after the same has been tested for attenuation factor of the fibre laid. 5.26 If the contractor or his working people or servants break, deface, injure or destroy (i) any building, road, road kerb, fence, enclosure, water pipe, cables, drains, etc contiguous to the area in which the work or any part is being executed (ii) or if any damage shall happen to the work while in progress, from any cause whatever (iii) or if any defect, shrinkage or any other faults appear in the work within the contract period or otherwise of its completion shall have been given by the Engineer-in-charge as aforesaid Signature of the Tenderer 21

arising out of defect or improper materials or workmanship the contractor shall upon receipt of a notice in writing on that behalf make the same good at his own expense or in default the Engineer-in-charge cause the same to be made good by other workmen and deduct the expense from any sums that may be due or at any time thereafter may become due to the contractor, or from his security deposit or the proceeds of sale thereof or of a sufficient portion thereof. 5.27 The security deposit of the contractor shall not be refunded before the expiry of contract period. 5.28 In addition to any and all other guarantee and warranty mentioned in the contract documents the Contractor guarantees that the entire work will be done in a satisfactory manner and free from any defects in material, workmanship, construction and finish and in conformity in all aspects with the Construction Specifications and directions. The Contractor also undertakes to repair or replace as the case may be at his own cost and risk any part of the work which may be damaged or that may develop any defects due to bad workmanship or otherwise due to the fault of the Contractor. 5.29 If any defect is not remedied within a reasonable time, as prescribed by BSNL, BSNL may proceed to do the work at the contractor s risk and costs, but without prejudice to any other rights which BSNL may have against the contractor in respect of such defects. 5.30 Rectification under warranty clause shall be made by the contractor free of all charges at site including freight, insurance, cost of works and other incidental charges. 5.31 BSNL shall have the right to cause an audit and technical examination of the work and the final bills of the contractor including all supporting vouchers, abstract etc., to be made after payment of the final bill and if as a result of such audit and technical examination any sum is found to have been overpaid in respect of any work done by the contractor under the contract or any work claimed by him to have been done by him under the contract and found not to have been executed, the contractor shall be liable to the refund the amount of over payment and it shall be lawful for BSNL to recover the same from him in the manner prescribed in the relevant clauses, or in any other manner legally permissible and if it is found that the contractor was paid less than what was due to him under the contract in respect of any work executed by him under it, the amount of such under payment shall be duly paid by BSNL to the contractor. 5.32 Provided that BSNL shall be entitled to recover any sum overpaid, nor the contractor shall be entitled to payment of any sum paid short where such payment have been agreed upon between the Divisional Engineer or his subordinate officer on one hand and the contractor on the other under any term of the contract permitting payment for work after assessment by the PGMT, Thrissur or his subordinate officer. 5.33 Any sum of money due and payable to the contractor (including security deposit returnable to him) under this contract may be appropriated by the BSNL for the payment of a sum of money arising out or under any other contract made by the contractor with the BSNL. e-payment : 5.34 In cities/areas where ECS/EFT facility is provided by banks, the bidder must have Accounts in such ECS/EFT facility providing banks and that bank account number shall be quoted in the bids by the bidder. The cost of ECS/EFT will be borne by BSNL in all cases Signature of the Tenderer 22

where the payment to Contractor/supplier is made in a local branch i.e., bidder is having bank account in the same place where the payment is made by BSNL unit. 5.35 In case payment is made to outside branch i.e., bidder is having bank account not in the same place from where the payment is made by BSNL unit, the crediting cost will have to be borne by the bidder/recipient only. 5.36 The bidder must submit the Mandate form (Section XII) for transfer of payment through Electronic Clearance/ Electronic Fund transfer. 5.38 Procedure for Preparation and settlement of bills: The bill for the work carried out will be settled work order wise. The work order shall contain work of one or more sections separately for capital and maintenance works. The work has to be organized in such a way so that the fibres are available for release of FTTH connections at the earliest and in tune with this thinking the contractor should carry out the works in a systematic manner in one stretch. All items of work involved in this section of work shall be completed in all respects before preferring the bills for the work. The contractor will be responsible to submit the bills in time, prepared accurately, and giving all details to facilitate early payment. The bills should be prepared and submitted by the contractor to the JTO/SDE in charge in the following conditions: i) The contractor shall prepare the bill in triplicate separately for capital works and maintenance works after completion of the entire work entrusted against the work order and submit the same to JTO/ S.D.E. in-charge of work within 30 days of bills should be submitted in triplicate signed by the contractor. ii) Details of the quantity and nature of each item of work as well as the stipulated rates are to be given. iii) The bills are to be submitted through the concerned Junior Telecom Officer or Sub Divisional Engineer in charge of the work. iv) The dates of execution of woks and the date of completion are to be noted. Bill No. and date should invariably be furnished. Date of completion of work will be OF fault rectification date for the OF maintenance work. v) The bills should be submitted within 30 days of completion of work. The SDE in charge of work shall submit the final bill received from the contractor to the Divisional Engineer, in-charge of work along with Material reconciliation statement, Details of recoveries/ penalties for delays, damages to BSNL/ Third party properties as per provisions of the contract and in case no recovery is to made, NIL report needs to be submitted. Income tax as per rules will be deducted from the bills and remitted to Income Tax Department. Work contract tax at the prescribed rates will be recovered if applicable and remitted to Commercial Tax Department. 5.39 The contractors are required to execute all works satisfactorily and in accordance with the specifications. If certain items of work are executed with unsound, imperfect or unskilled workmanship or with materials of any inferior description or that any materials or articles provided by him for execution of work or unsound or of a quality inferior to that contracted for or otherwise not in accordance with the contract (referred to as substandard work hereinafter), the Divisional Engineer in-charge shall make a demand in writing specifying the work, materials or articles about which there is a complaint. 5.40 Timely reporting and action, to a great extent, can prevent occurrence of sub Signature of the Tenderer 23